STAND. COM. REP. NO. 1043-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2119

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Human Services & Homelessness, to which was referred S.B. No. 2119, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ROOM CONFINEMENT OF CHILDREN AT DETENTION AND SHELTER FACILITIES,"

begs leave to report as follows:

The purpose of this measure is to establish conditions and time limits in which a child may be placed in room confinement in a detention or shelter facility.

Your Committee received testimony in support of this measure from the Judiciary, Office of the Public Defender, American Civil Liberties Union of Hawaii, and two individuals.

Your Committee finds that Hawaii's juvenile justice system has undergone a major philosophical shift away from practices that exert control over youth through punishment and toward evidence-based and trauma responsive approaches for holding youth accountable for their conduct. According to testimony provided by the Judiciary, both research and experience establish that any perceived brief benefits of room confinement obscure the fact that room confinement is not an effective deterrent for misbehavior, nor does it give youth the skills needed to behave differently in the future.

Your Committee has amended this measure by:

(1) Reducing the number of hours a child may be held in room confinement from no more than four hours to no more than three hours;

(2) Changing its effective date to December 31, 2059, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2119, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2119, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,

____________________________

JOY A. SAN BUENAVENTURA, Chair